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Hi, first post from a first time member. Some great info on this forum, and I'm hoping that more might come my way!
I have been divorced from the ex for over 2 years now, and separated for 5. We have been largely amicable on pretty much everything, including my child access for the 2 kids we share. I make all necessary payments in terms of maintenance, and also pay for some extra stuff like school uniform, school trips, etc. She pays the joint mortgage as I am unable to (and not particularly willing as I don't live there) and is not in a position to release me from it. The financial settlement is the major sticking point - specifically what will happen with the family home.
We went through mediation over 2 years ago now, and after many sessions came to an agreement on the family home. After months of this protracted mediation, and before the ink was barely dry, she decided she didn't like it after all and so refused to proceed with a consent order.
Things have been in limbo since then, but are now coming to a head. I previously have done my best to make things easier for her by consenting to remortgaging onto a lower rate to keep her monthly payments down. The current deal ends shortly, after which the monthly repayments will go up very substantially if not renewed onto a cheaper deal.
I am refusing to agree to remortgaging with her while she is still steadfastly refusing to engage with getting the consent order done. If I did this, I would find myself yet again remortgaging with her for the next few years and she would once again have no incentive to move on with the consent order. I've tried everything to help her understand that all I want is clarity and certainty for the future, and that this also provides the same for her, but to no avail. I have no reason or interest in trying to force her from the family home, and am more than happy for her to continue living there for several years yet providing a home for our children.
I suppose I have two questions. Firstly, is there anything in law that can compel me to remortgage rather than letting it revert to a standard variable rate? Secondly, am I right to refuse this until she engages with getting a consent order in place?
There is nothing to compel you to remortgage. The mortgage will just revert to a variable rate. The problem to let it revert to a variable rate is that she may become nasty and block access to your children to pressure you back. It will cost you a lot to get access via the courts. A lot of money and suffering. Why doesn't she want to sign the consent order?
All’s against you in the eye of the court children come first legal advise well if she goes down the root of DV because your obstructing then it will become a lot worse , my x went that way for me it’s a waiting game until they come of age
my advise tread carefully
Hi
Nothing to compel you to remortgage, legally you don't have to. If the kids are old enough and contact being restricted isn't a worry then in my view your main issue will be that as the mortgage is joint then if she stops paying it saying that she can't afford the payments on the variable rate then you are also liable, the bank will chase you and it will impact your credit rating.. If it goes into arrears it will be then it will be difficult to remortgage as credit rating will have dropped..
If credit rating isn't an issue then doing this may force her to agree to a consent order..
All the best.
Hi
I'd agree with you, however, she may assume that you will cover the payments. Also if there are any children under 18 then the bank will be reluctant to repossess and it would be a long drawn out process.
Is there any reason you haven't applied for a Financial Order upon divorce which would achieve what you are looking for via the courts? If she doesn't agree to a consent order then the court will decide for you both. Probably go with what you are suggesting.
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